Public Offer
Vinnytsia
August 6, 2024
This document (hereinafter referred to as the "Offer") is an official public proposal from individual entrepreneur Serhiieva Alina Oleksiivna to enter into an agreement on the terms outlined below (Part 1 of Article 642 of the Civil Code of Ukraine).
The agreement is concluded between you (the website user, i.e., the customer of the services offered on the Website, or the licensee of the content published on the Website) (hereinafter referred to as the "Consumer") and me, individual entrepreneur Serhiieva Alina Oleksiivna (EDRPOU code 2890900028, registered on 06.08.2024, entry number 2010350000000614045, single tax payer (hereinafter referred to as the "Performer")).
Any capable person interested in the services and licenses of the Website may accept this proposal to conclude this Agreement.
By accepting this public offer, you agree to all the terms outlined below and confirm that you understand all its provisions and enter into this service agreement under these terms.
Joining this Agreement will also be considered as actions of agreement: ticking the checkbox next to the field "Acquainted with the public offer" and/or paying the invoice or using the online payment method to pay for online courses and/or gain access to online training courses. If you disagree with the terms of this Agreement, entering into an agreement by accession is not possible.
1. Terms and Definitions
1.1. For the purposes of this document, the following terms are used in the following meanings:
1.1.1. Consumer - a capable person who has the legal right to enter into contractual relations and has agreed to the terms of this Agreement by registering on the Website and using the Website.
1.1.2. Webinar - providing informational services through remote access over the Internet, held in real-time. The webinar may be conducted in the form of video or audio broadcasts, messaging, or other formats. The webinar may include the possibility of providing feedback from the person providing the informational services.
1.1.3. Individual Link - a unique hyperlink that allows access to the Product once or a limited number of times.
1.1.4. Informational Course - a set of informational materials (texts, images, audio recordings, audiovisual documents) in electronic or paper form and/or other materials and features provided by the Product.
1.1.5. Additional Services - services not included in the specific Informational Course, or defined by the Performer as additional: individual (including remote) consultation of the Consumer, etc.
1.1.6. Product – a realization object consisting of an informational course and/or a certain number of webinars and/or personal meetings with the performer’s representatives and/or mass events defined by the Performer, educational and cognitive materials on a specific topic in any form (audio recordings, video recordings, live broadcasts, interactive materials, etc.), distributed through any communication channels. The cost of the Product and a specific list of its components are published on the Website.
1.1.7. Website - a set of software and hardware that ensures the publication of information for general review on the Internet and is available at the unique Internet address medovamaria.com. It may contain graphical, textual, audio, video, and other information recorded and read via a computer, accessed through the Internet.
1.1.8. Personal Account - a specialized section of the Website or resource accessible after authorization using the Consumer’s login and password, which contains the Consumer’s information (data, statistics, etc.), materials from webinars and Informational Courses of the Consumer, mechanisms for remote interaction of the Parties under the agreement and content management.
1.2. The Agreement may use terms not defined in paragraph 1.1. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. If there is no unambiguous interpretation of a term in the text of the Agreement, the interpretation of the term should be based on: first, the legislation of Ukraine; second, the website of the Service; then, the commonly accepted meaning on the Internet.
2. Subject of the Agreement
2.1. Executor provides paid informational and consulting services in the form of organizing and enabling personal participation in online and offline events (webinars in real-time, workshops, training sessions, courses, intensives, shows, and other similar events, hereinafter referred to as "Events"), as well as providing paid non-exclusive licenses for a specific period, which grant access to and familiarization with paid content in the form of educational and informative materials on specific topics in any form (audio recordings, video recordings, real-time broadcasts, interactive materials, etc.), distributed through any communication channels (hereinafter referred to as "Content").
2.2 The list of Services, Content to be provided by the Executor, and the methods of their provision are defined in the description of the corresponding Event or Information Course on the Website. The cost of a specific Information Course, Event, or Content is specified on the Website or in promotional materials.
2.3. The Consumer, in accordance with the terms of this agreement, makes payment for the services and license of the Executor.
This Agreement is concluded on the terms of an adhesion contract (Article 634 of the Civil Code of Ukraine) and is considered concluded from the moment of acceptance of the public offer.
2.4. By accepting the public offer to conclude this Agreement, the Consumer confirms that they fully accept its terms.
2.5. The Consumer accepts the offer by performing actions that are deemed to be conclusive – paying for the selected Course under the terms specified in section 4 of this Agreement. The written form of this Agreement, in accordance with the Law of Ukraine "On Electronic Commerce," may also be confirmed by sending an electronic letter.
3. Cost and Description of Services
3.1. The scope of services available to the Consumer depends on the purchased Product (service package).
If the Consumer uses services or materials available in the open sections of the website, they only receive basic information on the relevant topic. In case of purchasing paid services or Content, the Consumer receives expanded information and access to paid content and paid services on the website and Events provided by the terms of the relevant Product. The Consumer may purchase a separate Product (service package) for a one-time payment.
Some prepaid service packages provide access to several services and programs (courses) immediately. However, if this is not the case, to obtain informational materials from other training courses, the Consumer must purchase these services separately.
Some training courses involve independent work and completion of specific tasks (homework), which are part of the service provision process.
If the Consumer does not complete the homework tasks specified in the conditions of the relevant Product, or completes them after the deadline, the Consumer will not receive personal feedback on such homework. In this case, the Executor's services are considered fully and properly provided and accepted by the Consumer.
3.2. The cost of services or licenses is published on the service/license order page on the Website or in the electronic messages sent to the Consumer.
The final cost of services or licenses in the payment currency (UAH) is fixed in the invoice issued to the Consumer, displayed on the payment page for services, and also in the bank statement for the card.
3.3. If the Consumer has registered on the Website or placed an order for the services offered on the Website, or actually uses the services and content of the Executor, the Consumer agrees that the Executor may send them electronic emails, messages, and notifications containing promotional information: newsletters, information about services, promotions (or promotions from Executor's partners) to the phone number and email address provided by the Consumer during registration or order placement. If necessary, the Consumer can always refuse to receive these messages.
The Consumer must comply with all terms of the Agreement and service provision rules, which the Consumer will be offered to familiarize themselves with during the order process or while using the services.
The Consumer agrees not to engage in activities that disrupt the functioning of the website, services, or related servers and networks, or activities that may tarnish the business reputation of the Executor.
The Consumer accepts full responsibility for any violations of their obligations under this Agreement and for all consequences of such violations.
4. Terms of Service Provision
4.1. The Services provided by the Provider depend on the Consumer's choice of Product and include:
4.1.1. the provision of informational services by granting access to Events, including but not limited to webinars, courses, master classes, lectures, consultations, etc.;
4.1.2. the provision of informational services through the delivery of the Informational Course in electronic form to the Consumer;
4.1.3. individual online or offline meetings between Provider representatives and the Consumer, participation in mass events organized by the Provider;
4.1.4. consultations (responses to messages via email, in the personal account, through Skype, Zoom, GetCourse) by a personal curator or group curator, and a dedicated manager.
4.2. Within the framework of this agreement, access to Events is provided under the following conditions:
4.2.1. The Event is held by the Provider on the date and time specified on the Website, as well as in a Notification in the personal account and/or via email. The duration of the Event is determined by the Provider. The Provider reserves the right to invite any persons at their discretion before the Event. The Consumer is responsible for providing the necessary equipment to participate in the webinar. The technological platform for conducting Events is determined by the Provider at their discretion.
4.2.2. The content of the Event is determined by the Provider and must correspond to the description of the respective Event.
4.2.3. In the case of missing the Event, including part of the Event for reasons beyond the Provider's control, the Consumer has no right to demand a repeat of the Event.
The recording of the online Event may be provided to the Consumer upon request if specified in the description of the relevant Product.
In this case, the informational services are considered to be properly rendered.
4.2.4. The Provider has the right to suspend the provision of services if the Consumer behaves inappropriately, disrupting the conduct of the webinar. The cost of the webinar, during which the provision of services was suspended due to the reasons stated in this section, is not refundable.
4.2.5. If it is provided by the Product, the Provider may give the Consumer access to the recording of the webinar.
4.2.6. To receive the Informational Course, the Consumer is sent an email with a link to the email address provided by the Consumer, or an SMS to the phone number provided by the Consumer. The Consumer follows the link and can then access the Informational Course. The Informational Course is considered to have been delivered, and the Provider's obligation is deemed fulfilled from the moment the email or SMS containing the Informational Course is sent to the address provided by the Consumer.
4.2.7. If access to the Informational Course is provided in the Consumer's Personal Account, the Provider's obligations are considered fulfilled from the moment the access to the Informational Course is posted in the Personal Account, and access to the Informational Materials is granted in full. The period of access to the Informational Course is limited to the term specified in the description of the relevant Product.
4.2.8. The Consumer is responsible for providing the necessary equipment and technical capabilities to view, download, and use the Informational Course.
4.2.9. The content of the Informational Course is determined by the Provider and must correspond to the list presented in the description of the respective Event or Content on the Website.
4.3. Within the framework of this Agreement, individual online or offline meetings between Provider representatives and the Consumer, participation in mass events organized by the Provider are conducted under the following conditions:
4.3.1. All meetings and mass events are held by the Provider on the date and time specified on the Website, as well as in the Notification sent via email. In case the information specified on the Website differs from the information in the Notification, the Consumer is obliged to follow the information in the Notification. The duration of meetings and events is determined by the Provider. Before conducting meetings and/or events, the Provider has the right to involve any individuals at their discretion.
4.3.2. The content of meetings and events is determined by the Provider and must match the description presented on the Website. The Consumer has no right to give any instructions regarding the content of mass events. The Consumer has the right to express their wishes regarding the content of individual online and offline meetings. The Provider has the right to modify the content of individual meetings based on the Consumer's wishes, if such is provided by the Product.
4.3.3. In case the Consumer misses a meeting and/or event, including part of it, due to reasons beyond the Provider's control, the Consumer has no right to demand a repeat of the event or to be informed of the information presented at the event in another form. In this case, the informational services are considered properly rendered.
5. Confidentiality
5.1. The purpose of this section of the Agreement is to protect the information provided (disclosed) by the Parties to each other during the course of cooperation under the Agreement.
5.2. The Parties agree to consider all information provided to each other under this Agreement or in connection with the purpose outlined in it as Confidential Information (and within the limits allowed by the current Ukrainian legislation – commercial secrets), unless otherwise explicitly specified in the Agreement.
5.3. Each Party receiving confidential information (hereinafter referred to as the Receiving Party) from the other Party shall not disclose the confidential information to anyone without the explicit consent of the other Party and must take all possible measures to protect the Confidential Information, including, in particular, all measures it takes to protect its own confidential information/commercial secrets.
5.4. The Party agrees to use the disclosed confidential information exclusively for the purposes of implementing this Agreement.
5.5. The Party agrees to limit the list of individuals who have access to the Confidential Information exclusively to its employees or employees of its contractors who are directly involved in fulfilling the terms of the Agreement, with whom a similar confidentiality agreement is in place.
5.6. The obligations outlined in this section of the Agreement do not apply to the following information:
5.6.1. Information that is or becomes publicly available not due to the fault of the Party that received such information from the other Party, which must be confirmed by relevant evidence;
5.6.2. Information received by the Parties from third parties without the obligation of confidentiality;
5.6.3. Information independently developed by the Party;
5.6.4. Information whose disclosure is required by law or by authorized bodies. Such information may be provided only to the relevant authorities in the manner prescribed by applicable law.
5.7. Providing confidential information to third parties is not considered a disclosure if there is written consent from the Party that provided the confidential information for its disclosure.
5.8. For each violation of the confidentiality obligations outlined in this Agreement, the Party that committed such violation shall compensate the other Party for the direct damages incurred due to such violation.
5.9. The obligations established by this Agreement regarding the protection of Confidential Information remain in force for the entire duration of the Agreement.
5.10. The Executor has full access to the content of the Consumer (files, texts, etc.), databases, and any other information of the Consumer placed in the personal account. All this information is treated as Confidential Information transferred from the Consumer to the Executor and is subject to protection in accordance with the terms of this agreement.
5.11. Creating and storing backup copies of the Consumer's data does not constitute a violation of the confidentiality of the Consumer's information.
6. Rights and Obligations of the Executor
6.1. The Executor agrees to:
6.1.1. Provide the Services in accordance with the terms of the Agreement and the chosen Product by the Consumer.
6.1.2. Notify about all technical and preventive work, changes in the methods of accessing resources, their address, etc., on the Website or by sending an email to the address provided by the Consumer for contact.
6.2. The Executor has the right to:
6.2.1. Unilaterally change the terms of fulfilling obligations under this Agreement or completely refuse to provide services in case of the Consumer's violation of the terms of this Agreement regarding payment deadlines or other obligations under this Agreement.
6.2.2. Organize control over the deadlines and quality of the Consumer's homework.
6.2.3. To fulfill the obligations under this Agreement, independently and at its discretion, involve third parties and enter into contractual relations with them without the Consumer's approval. In this case, the Executor remains responsible to the Consumer for the actions or inaction of the third parties involved by the Executor in fulfilling the terms of this Agreement.
6.2.4. Monitor the content and appropriateness of the Consumer's messages in the Executor's communities and forums on the internet, apply sanctions, and other measures to control messages and topics.
6.2.5. Deprive the right to post messages, revoke the participant's right to publish messages, or ban participation in communities/forums.
6.2.6. Unilaterally change the date and time of mass events and meetings, provided that the Consumer is notified no later than 5 calendar days before the event/meeting.
6.3. The Executor reserves the right to immediately cease providing Services and/or terminate the Agreement unconditionally (without refunding the paid funds) in the following cases:
6.3.1. Failure to receive full payment for the corresponding Services from the Consumer within the prescribed time limits.
6.3.2. If the Executor believes that any actions and/or inaction of the Consumer harm or may harm the Executor (including undermining its honor, dignity, and business reputation, and/or interfering with the normal functioning of other Consumers) or the normal functioning of the Website.
6.3.4. If the Consumer posts information that undermines the honor and dignity of others, contradicts current Ukrainian legislation or international law, is of an erotic or pornographic nature, or contains information, software, or other materials that are fully or partially protected by copyright and/or related rights (without the consent of the copyright holder), contains computer viruses or other similar components. The Consumer acknowledges that due to the absence of established methods under the law to determine whether a specific image contradicts the norms of current Ukrainian legislation or international law, the Executor reserves the right to make such determination.
6.3.5. By decision of an authorized state body in accordance with current Ukrainian legislation.
6.3.6. Upon identifying facts (including but not limited to) of mass email advertising, spamming by the Consumer through any internet means, or dissemination of information that discredits the Executor. The Consumer agrees that, due to the absence of methodology for evaluating whether the information is discrediting or harmful to honor, dignity, or business reputation, the content evaluation will be made at the discretion of the Executor.
6.3.7. If the Consumer does not contact the Executor within 5 days from the moment the Executor sends an email about the suspension of Services and does not correct the violations that led to the cessation of Services.
7. Rights and Obligations of the Consumer
7.1. Consumer undertakes to:
7.1.1. Strictly comply with the terms of the Agreement.
7.1.2. Provide the Provider with information about the desired level of knowledge acquisition.
7.1.3. Follow the rules established by the Provider when receiving the Services.
7.1.4. Accept the services provided by the Provider in accordance with this Agreement.
7.1.5. Pay for the services on the terms and in the manner specified in Section 7 of this Agreement.
7.1.6. Follow the recommendations and tasks given by the Provider and/or Personal Curator.
7.1.7. Complete all homework assignments provided by the Provider independently, within the established deadline, and in full.
7.1.8. Not disclose information regarding the cost of the Provider's services and other information that, according to the terms of this Agreement, is defined by the Parties as confidential.
7.1.9. Notify the Provider in writing of any changes to personal information (phone number, email address, etc.) within 14 days. Otherwise, the Provider is not responsible for the Consumer not receiving information about any changes in the process of providing Services. Information exchange is carried out using the communication methods specified in the Agreement.
7.1.10. Not cause harm to the Provider's and third parties' software environment, technical and software tools.
7.1.11. Periodically visit the Website to familiarize themselves with the official information of the Provider regarding the provision of Services, as well as the relations between the Provider and the Consumer.
7.1.12. Maintain the confidentiality of the login credentials provided by the Provider.
7.1.13. Not engage in any actions not provided for in the Agreement, which involve criminal or administrative violations or infringe upon the rights and lawful interests of the Provider or third parties.
7.2. Consumer has the right to:
7.2.1. Demand from the Provider the provision of Services in accordance with this Agreement.
7.2.2. Change the selected Product to any other larger in volume and cost, available in the list of Products, by providing the Provider with the corresponding notice. The Provider may provide a separate link for additional payment for the corresponding Product. The Provider will make changes after receiving payment from the Consumer. Changing the Product to a smaller one in volume or cost is not allowed.
7.2.3. Suspend or terminate the receipt of Services at any time, subject to all the requirements established in the Agreement.
7.2.4. Participate in discussions, forums, express their opinion on issues raised in the community/forum.
7.2.5. Use all the functions of the personal account to obtain the necessary information, create messages, etc.
7.2.6. Contact the Personal Curator and/or other representatives of the Provider regarding any issues arising during the provision of services, to receive clarifications on previously provided consultations and/or answers.
7.2.7. Contact the Provider's representative regarding issues not related to the provision of Services under this Agreement, such as technical, organizational issues, etc.
7.2.8. Refuse the ordered services within the time frame and under the conditions specified for the Product, by notifying the Provider in writing.
7.2.9. Know the reason for the imposition of sanctions in the order of content control over messages and topics.
7.2.10. Send the Provider a reasoned complaint (appeal) in case of disagreement with the applied sanction in the order of content control over messages and topics via private message.
8. Cost of the Product and Payment Procedure
8.1. The cost, volume, and procedure for providing services, licenses are determined depending on the Product chosen by the Consumer.
8.2. For the provision of the Information-consultation service or License, the Consumer pays the cost specified in the description of the relevant Product.
8.3. The cost of Services, licenses, and their payment is made by the Consumer in the national currency of Ukraine (hryvnia).
8.4. VAT is not included in the cost of Services.
8.5. Within the framework of the Agreement, payment for the Product is accepted by any method convenient for the Consumer that is not prohibited by the current legislation of Ukraine within 3 days from the date of receipt of the Provider's Invoice/payment card on the Provider's Website after selecting the relevant Product.
8.6. Acceptance-transfer of the provided Services occurs after the services under this Agreement have been completed, without the mandatory signing of the Acceptance Act by the Parties. In this case, the Consumer's acceptance of the services provided by the Provider in full regarding quality and quantity is confirmed by the absence, as of the 1st day of the month following the month in which the services were provided, of any unresolved written complaints and remarks about the quality and quantity of the services.
8.7. The Provider may provide the Consumer with a properly executed Acceptance Act upon the Consumer's request. The said Act may be provided after the completion of a specific stage/part of the Services and/or the final completion of the Services specified in this Agreement.
8.8. The Consumer is obliged to review the relevant Act within 3 calendar days from the date of receipt and, in the absence of any comments, sign and return one copy to the Provider. If the Consumer does not sign the Acts or provide comments to the Act in writing within 3 calendar days from the date of receipt, the services are considered duly performed by the Provider and accepted by the Consumer in full and without comments.
8.9. The Consumer cannot demand a reduction in the cost of services or a refund if they have not used the services. The moment of service performance is considered to be the granting of access to the User for information-consultation services, courses, webinars.
9. Guarantees
9.1. The Services are provided by the Executor "As Is" and in the form available at the time of provision, with no direct or indirect guarantees given (including, but not limited to, guarantees regarding the use of the Services for the specific purposes of the Consumer).
9.2. The Executor provides the Consumer with the possibility of receiving consultations via email, phone, or other communication methods, in accordance with the terms of their Product.
9.3. The scope of consultations is limited to specific issues related to the provision of Services and does not include matters related to setting up or diagnosing the personal computer and software of the Consumer or training skills for working with computers or the Internet.
9.4. Except for warranties explicitly stated in the text of the Agreement, the Executor provides no other direct or indirect warranties under the Agreement and expressly disclaims any warranties or conditions regarding non-infringement of rights and the suitability of the Services for the specific purposes of the Consumer.
10. Intellectual Property Rights
10.1. All audiovisual works and other materials used for providing services by the Executor are objects of intellectual property and are subject to legal protection as provided by current intellectual property laws.
10.2. Under this agreement, the Executor grants the Consumer the rights to use such objects of the Executor’s intellectual property within the scope of the Services provided to the Consumer.
10.3. The Parties agree that legal protection extends to the form of expression of the work and does not extend to any ideas, theories, principles, methods, procedures, processes, systems, ways, concepts, discoveries, even if they are expressed, described, explained, or illustrated in the work.
10.4. The transfer of rights specified in section 9 of this Agreement does not imply the transfer or disposal of any other rights of the Executor not explicitly stated in this Agreement and does not grant the Consumer the right to reproduce, distribute, disclose, or make copies (including technical and backup copies).
10.5. No fee is provided for the transfer of rights specified in this Agreement.
10.6. The Consumer may use the intellectual property objects of the Executor only within the rights and in the manner provided by this Agreement.
10.7. The Consumer is obliged not to disclose or transfer any ideas, theories, principles, methods, procedures, processes, systems, ways, concepts, or discoveries developed by the Executor to any third parties for the purpose of profiting from such disclosure. In case of violation of the warranties specified in this section, the Consumer must compensate the Executor for all direct and indirect damages (including lost profits) caused by such violation within 5 banking days from the receipt of a demand from the Executor. A demand is considered received by the Consumer if it is sent to the Consumer by means of communication and to the address specified by the Consumer during registration on the Site and/or in this Agreement.
11. Liability of the Parties
11.1. The Parties are liable for breach of the terms of the Agreement as established by the Agreement and/or current legislation of Ukraine.
11.2. The Executor is not liable to the Consumer or any third party for any delays and/or interruptions of access to the Site.
11.3. The Executor shall not, under any circumstances, be liable to the Consumer or any third party for the Agreement:
11.3.1. for any actions/inactions that are the direct or indirect result of actions/inactions of the Consumer and/or third parties;
11.3.2. for any liabilities, indirect damages, lost profits, losses, and expenses (including all court costs, attorney and lawyer fees arising from court proceedings and court decisions) that directly or indirectly relate to the Executor’s services, regardless of whether the Executor could have foreseen the possibility of such damages or not.
11.3.3. for actions of third parties that resulted in the theft of the Consumer’s information;
11.3.4. for issues related to the use by the Consumer of unlicensed software and/or technical equipment;
11.3.5. for unqualified actions of the Consumer in relation to the use of the Services;
11.3.6. for the integrity, accuracy, and presence of the Consumer’s websites and data on the Executor’s server.
11.4. The Consumer is fully responsible for the security of login/password credentials received from the Executor as well as any additional logins/passwords created by the Consumer for accessing the Consumer’s personal account and for any damages that may arise from their unauthorized use.
11.5. The Parties shall not be liable for failure to fulfill their obligations under this Agreement if such failure occurred through no fault of theirs. A Party is considered innocent if it proves that it took all reasonable measures to fulfill the obligation properly.
11.6. The Consumer uses the received information and consultations personally to profit from their application in a manner not prohibited by this Agreement. The Executor is not liable for the further use/non-use of the information by the Consumer and the consequences of its application.
11.7. In case of violation of section 10.7 of the Agreement, at the request of the Executor, the Consumer shall, in addition to compensating for the damage (including, but not limited to, lost profits, direct and indirect damages), pay a fine in an amount 20 times the value of the paid Product for each instance of such violation. Violations may be documented by screenshots, software tools, or evidence of third-party access to the Platform, or by any other reasonable means.
12. Term of Agreement and Changes to its Terms
12.3. The provision of Services begins upon receipt of payment in the Contractor's bank account or at the time indicated in the description of the respective Product.
12.4. The Agreement is valid from the moment of its conclusion until the moment when the Parties fulfill all their obligations under it.
12.5. From the moment of conclusion of the Agreement, all previous oral and written agreements of the Parties concerning the subject matter of the Agreement become null and void.
12.6. The Agreement remains in force in case of changes to the details of the Parties, changes in their statutory documents, including but not limited to changes in ownership, organizational and legal form, etc.
13. Termination of the Agreement
13.3. This Agreement may be terminated early:
13.3.1. By mutual consent of the Parties.
13.3.2. Unilaterally by the Contractor in the event of non-performance or breach of the terms of the Agreement by the Consumer, including if the Consumer systematically (two or more times) fails to comply with the terms of the Agreement, does not timely or fully complete homework assignments. In this case, the Contractor has the right to demand compensation for damages caused by such a violation. In this case, the Agreement is considered terminated from the moment the Consumer receives a notice of its termination, and in this case, the unused portion of the advance is not refunded to the Consumer.
13.3.3. Unilaterally by the Consumer, if the Contractor did not commence performing its obligations under the Agreement on time or canceled the Actions specified in the description of the Product. If a significant portion of the Service has already been performed, the Consumer has the right to terminate the Agreement only regarding the part of the service or work that remains.
13.3.4. By court decision, upon the request of one of the Parties in the case of a significant breach of this Agreement by the other Party. A significant breach is one in which, as a result of the harm caused, one of the Parties is substantially deprived of what it expected when entering into the Agreement.
13.3.5. In other cases provided for by the Agreement and the current legislation of Ukraine.
13.4. Unilateral termination of the Agreement in cases not provided for by this Agreement is not allowed.
13.5. If the Agreement is terminated at the initiative of the Consumer, the unused portion of the advance is not refunded to them.
13.6. The obligations of the Parties under the Agreement that by their nature should continue to be in effect (including obligations regarding confidentiality, settlement of mutual accounts, use of information, but not limited to the above) remain in force for 3 years after the expiration of the Agreement.
1237. Termination of this Agreement does not release the Parties from liability for breach of the Agreement terms that occurred during its term.
14. Dispute Resolution
14.1. The Parties will resolve any disputed issues, discrepancies, or claims that may arise regarding this Agreement or its performance through negotiations.
14.2. All disputed issues are considered by the Contractor upon receipt of a written statement no later than 14 working days from the moment the dispute arises.
14.3. If the Parties cannot reach an agreement on disputed matters through negotiations, such disputes and disagreements shall be resolved in court, at the location of the Contractor (Ukraine), in accordance with the current legislation of Ukraine.
15. Форс-мажор
15.1. Ни одна из Сторон не несет ответственности за невыполнение или ненадлежащее выполнение условий данного Договора, в случае действия обстоятельств непреодолимой силы, о которых Стороны не могли знать заранее или не могли их предсказать. К таким обстоятельствам относятся: пожар, наводнение, землетрясение, цунами, смерч, ураган, тайфун, оползни, снежные лавины, извержения вулканов и другие природные катастрофы, войны, революции, государственные перевороты, забастовки, диверсионные и террористические акты, грабежи, аварии в системе энергоснабжения и связи, изменения законодательства, действия государственных органов и их должностных лиц, если эти обстоятельства непосредственно влияют на выполнение данного Договора, и их возникновение юридически засвидетельствовано.
15.2. Сторона, которой стало известно о наступлении или приближении таких обстоятельств, немедленно сообщает об этом другой Стороне.
15.3. Выполнение этого Договора, полностью или частично, приостанавливается на время действия таких обстоятельств. Если действия обстоятельств непреодолимой силы продолжаются более 12 месяцев, то Договор считается расторгнутым.
16. Другие условия
16.1. Договор, его заключение и выполнение регулируются действующим законодательством Украины. Все вопросы, не урегулированные Договором или урегулированные не полностью, регулируются в соответствии с материальным правом Украины.
16.2. Каждая Сторона гарантирует другой Стороне, что обладает необходимой дееспособностью, а также всеми правами и полномочиями, необходимыми и достаточными для заключения и выполнения данного Договора в соответствии с его условиями.
16.3. В случае если одно или несколько положений Договора по какой-либо причине будут признаны недействительными, такими, что не имеют юридической силы, то такая недействительность не влияет на действительность любого другого положения Договора, которое остается в силе.
16.4. Любые уведомления по Договору могут направляться одной Стороной другой Стороне почтой с уведомлением о вручении или курьерской службой с подтверждением доставки.
16.5. Не вступая в противоречие с условиями Договора, Потребитель и Исполнитель имеют право в любой момент оформить Договор на предоставление Услуг в форме письменного двустороннего документа.
16.6. Вопросы создания и охраны всех прав и объектов интеллектуальной собственности, которые были использованы при выполнении условий этого Договора, решаются Исполнителем самостоятельно.
16.7. Исполнитель может предоставить Потребителю перевод этого Договора с украинского на другие языки, однако в случае несоответствия между условиями Договора на украинском языке и его переводом, юридическую силу имеет исключительно версия Договора на украинском языке.
16.8. Исполнитель оставляет за собой право изменять или дополнять условия этой оферты, разместив на этой странице соответствующее уведомление и новую редакцию оферты. Рекомендуем часто проверять эту страницу и дату внесения последних изменений, указанную в нижней части страницы.
16.9. Потребитель понимает и соглашается с тем, что пользование Услугами, Контентом после изменения условий Оферты, рассматривается Исполнителем как принятие Потребителем этих условий в новой редакции Оферты. В случае если Потребитель не согласен с новой редакцией Оферты, Потребитель должен отправить Исполнителю соответствующее сообщение по электронной почте или почтой по адресу, указанному на Сайте. Однако Исполнитель сохраняет за собой право на односторонний отказ от договора в установленном порядке, в случае если Потребитель отказался принять условия этой Оферты.
17. Местонахождение и реквизиты сторон
Исполнитель
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